Automated Summary
Key Facts
Jacob Kinyua Mbui (plaintiff) seeks a temporary injunction and inhibition order to prevent Paul Muriuki Mbui (defendant) from evicting him or dealing with L.R No. Ntima/Igoki/5542. The land is registered in the defendant's name but claimed as ancestral family land held in trust for the plaintiff. The defendant admitted the plaintiff has occupied the land since 2000 and acknowledged the land initially belonged to their father. A sale agreement to a third party exists, and the court granted the injunctions, finding the plaintiff's occupation undisputed and the risk of irreparable loss if evicted.
Issues
- Whether the court should issue an inhibition order to prevent any dealings over L.R No. Ntima/Igoki/5542 until the case is determined, based on the applicant's claim of ancestral family trust and the respondent's admitted occupation history.
- Whether the applicant established a prima facie case for a temporary injunction to prevent the defendant from evicting or interfering with his use of L.R No. Ntima/Igoki/5542, considering the risk of irreparable loss and the balance of convenience.
Holdings
The court allowed both the injunction and inhibition orders as prayed, to last for one year. The applicant's occupation of the suit land is not disputed, and there is a need to preserve the land pending determination of the overriding rights. The court found that the applicant would suffer more inconvenience without the injunction and that irreparable loss may occur if eviction proceeds.
Remedies
- Inhibition order granted to stop any dealings over the disputed land pending the hearing and determination of the case, lasting for one year
- Temporary injunction issued to prevent the defendant, his servants, or agents from evicting, entering, or interfering with the applicant's use and occupation of L.R No. Ntima/Igoki/5542, lasting for one year
Legal Principles
The court applied the three pillars of interim injunctions: establishing a prima facie case, demonstrating irreparable loss, and showing the balance of convenience favors granting the injunction. These principles were used to evaluate the applicant's request for a temporary injunction and inhibition order.
Precedent Name
- Mrao vs First American Bank (K) Ltd & 2 others
- Giella vs Cassman Brown
- Paul Gitonga Wanjau vs Gathuthis Tea Factory Co. Ltd & others
Judge Name
CK NZILI
Passage Text
- The upshot is that I allow both the injunction and inhibition orders as prayed, to last for one year.
- The applicant has pleaded that he is in occupation of the suit land and has permanent developments thereon. His claim is based on ancestral or family trust.
- A party seeking a temporary injunction must establish a prima facie case, demonstrate there will be irreparable loss or damage and lastly; show that the balance of convenience tilts in favor of granting the orders sought.